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HomeMy WebLinkAboutC-1533 - Sale of Water Outside the Cityf CITY OF NEWPORT BEACH CALIFORNIA Gity Hall 3300 W. Newport Sivd. Area Code 714 673 -2110 DATE Ju13r 30, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 153q thY,,, 1537 Description of Contract C;t;E Authorized by Resolution No. o,1nl, Q.,, RnnR , adopted on -limp 11 � 1973 Effective date of Contract Contract with Address Memorial -Park, Nicolai 9 Christ and Orange County Sanitation District. Amount of Contract — purehaser Pays city -city e c Note: Copies sent to T. Phillips for transmittal to all 5 purchasers. 7 -11 -73 LL E WATER CONTRACT f THIS CONTRACT, made and entered into this 1pT day of �1i� lam, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and Armstrong Petroleum Corporation, hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract shall be from July 1, 1973 , through June 30, 1974 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- • f rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) -2- E IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the -3- y.v corporate name to be affixed by the Mayor and Purchaser has ex first above written. City Council on the //-rA day of -, 1-77-3 , authorized and directed its signed and its corporate seal to be and City Clerk, respectively, of the City, Bcuted this contract as of the day and year CITY OF NEWPORT BEACH r, - Mayor -c �P ATTEST: City Clerk CITY ARMSTRONG PETROI,PIINj CORPORATTION By: C Title: 'c - ✓ J By: Title: -3- PURCHASER dm 6/1/73 • • RESOLUTION N0, Q {1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING TFE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO ARMSTRONG PETROLEUM CORPORATION WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and Armstrong Petroleum Corporation as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1973 through June 30, 1974 both dates inclusive, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of yor ATTEST: City Clerk June 1973 RECEIVED, JUN 18 1973 GENERAL CRUDE OIL CO. WATER CONTRACT • THIS CONTRACT, made and entered into this Il rl/ day of fy >�_ ig;7 3 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and GENERAL CRUDE OIL COMPANY , hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the pasties agree as follows: 1. The term of this contract shall be from July 1, 1973 , through June 30, 1974 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- 0 0 rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) -2- 0 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the rT � i £ corporate name to be affixed by the Mayor and Purchaser has ex first above written. City Council on the ii a,� day of x-93 , authorized and directed its signed and its corporate seal to be and City Clerk, respectively, of the City, :cuted this contract as of the day and year CITY OF NEWPORT BEACH -e' By "Y�.E Mayor U ATTEST, City Clerk' CITY GENERAL CRUDE OIL C MPANY , i Title District Manager By: Title; -3- PURCHASER dm 6/1/73 0 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO GENERAL CRUDE OIL COMPANY WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and General Crude Oil Company , as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1973 , through June 30, 1974 , both dates inclusive, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach, ADOPTED this ATTEST: City Clerk 11th day of Mayor June 1973 L WATER CONTRACT 0 THIS CONTRACT, made and entered into this day of ti��� Y _ , 1-72-3, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and - PACIFIC VIEW MEMORIAL PARK , hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract shall be from July 1, 1973 , through June 30, 1974 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- 0 0 rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) -2- Ll 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the of c>aJc corporate name to be affixed by the Mayor and Purchaser has ex first above written. t' y City Council on the / /e' /9"7 , authorized and dire( signed and its corporate seal and City Clerk, respectively, ecuted this contract as of the day of :ted its to be of the City, day and year CITY OF NEWPORT BEACH Mayor ATTEST: f 2GG2cL I �9�E2 City Clerk C ITY PACIFIC VIEW MEMORIAL PARK By 1 E._ Title:: -3- PURCHASER dm 6/1/73 0 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ii -WPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO PACIFIC VIEW MEMORIAL PARK WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and Pacific View Memorial Park , as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1973 , through June 30, 1974 , both dates inclusive, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of Tune 1973 Mayor ATTEST: City Clerk 0 WATER CONTRACT L THIS CONTRACT, made and entered into this le z:K day of y4j t %�� , /973 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and NICOLAI & CHRIST,a partnership , hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract shall be from July 1, 1973 , through June 30, 1974 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- 0 0 rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) -2- 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the Tc" 4? i- corporate name to be affixed by the Mayor and Purchaser has ex first above written. City Council on the ltTZ, day of iv -73 , authorized and directed its signed and its corporate seal to be and City Clerk, respectively, of the City, acuted this contract as of the day and year CITY OF NEWPORT BEACH :- - By: Mayor ,�J�1� ;l ATTEST: }.'FO City C er CITY NICOLAI & CHRIST, a partnership By: f -, - ice-,•( l' Title: Title: PURCHASER -3- • • RESOLUTION NO. " t' " A RESOLUTION OF THE CITY CMICIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO NICOLAI & CHRIST WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and Nicolai & Crist as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1973 , through June 30, 1974 , both dates inclusive, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of yor ATTEST: City Clerk June e 1973 WATER CONTRACT THIS CONTRACT, made and entered into this io cZ, day of eTc -tip 19123 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract: shall be from July 1, 1973 , through June 30, 1974 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- 0 0 rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed. from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) -2- 0 0 IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the City Council on the / /rte; day of S'7,41c , 1q -73 , authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk, respectively, of the City, and Purchaser has executed this contract as of the day and year first above written, CITY OF NEWPORT BEACH Mayor 7 ATTEST: City Clerk CITY ORANGE CO190Y SAWTATION DISTRICT By. 1. T !tle: D Eect of Finance By:, Title: -3- PURCHASER dm 6/1/73 • 9 RESOLUTION NO. 1� 0' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO THE ORANGE COUNTY SANITATION DISTRICT WHEREAS, there has been presented to the City Council a certain contract between the City of: Newport Beach and the Orange County Sanitation District , as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1973 , through June: 30, 1974 , both dates inclusive, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of June Mayor ATTEST: City Clerk 1973